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(영문) 부산지방법원 2020.11.27 2019나45524

구상금

Text

The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

judgment of the first instance.

Reasons

1. Basic facts

A. The Plaintiff entered into an insurance contract (C) with the Defendant to compensate for losses, etc. incurred by receiving hospitalized treatment due to disease, etc. during the insurance period (from October 16, 2009 to October 16, 2063).

B. After receiving hospitalized treatment from December 23, 2015 to June 30, 2016, the Defendant received KRW 19,664,820,00 in total from the Plaintiff as the loss insurance money under the said insurance contract (the cost of medical care for patients suffering from a disease) by using “the malicious life and right-hand side of the bank wherein the injury is unknown” in the E Hospital located in Si-si (hereinafter “E Hospital”) as the name of the diagnosis.

C. F, the operator of the E Hospital, in collusion with G (the deceased on December 12, 2016), etc., the president of the E Hospital. The fact was found to have been convicted of imprisonment with prison labor for 2018 on May 218, 2018 on the ground that H, in collusion with G (the president of the E Hospital, died of December 12, 2016) who was the patient, had no prescription and treatment, and no high-frequency treatment, and no treatment had been provided, for the number of times indicated in the medical records, etc., and that there was no fact that he received medical expenses from the E Hospital in the amount of medical expenses received, even though there was no fact that the E Hospital received medical expenses in the amount of the medical expenses recorded in the receipt of the medical expenses, and had H received the amount of the de facto loss insurance proceeds from around October 18, 2012 to July 19, in collusion with the patient and charged with the money in the name of the damaged insurance company, including the Plaintiff.

(hereinafter referred to as "related criminal case"). [Grounds for recognition] The facts without dispute, Gap's entries in Gap's 1, 24 through 26 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings.

2. The assertion and judgment

A. The defendant's assertion of the plaintiff 1 as to the claim for damages.